Industry: Tax
In a December 1, 2008 decision, Judge Kapnick upheld the decision by a Special Discovery Referee which directed the plaintiff to disclose to the defendant communications it had with the IRS because: (1) the attorney-client privilege had been waived by plaintiff’s voluntary disclosure to a third party, (2) the privilege afforded the work product doctrine had been waived by because the plaintiff disclosed information to the IRS with which it had an adversarial interest, and (3) there was no common interest between the plaintiff and IRS because affidavits from the IRS agreeing to keep information confidential did not establish an oral or written common interest agreement between the plaintiff and IRS.
The court concluded the Referee had broad discretion in supervising discovery and its determination was support by the record.
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